The Ministry of Law and Justice, through a notification in the official gazette dated 5th December, 2019, has brought in The Transgender Persons (Protection of Rights) Act, 2019 (“Act”). The Act is due to come into force by a subsequent notification in the official gazette later.
It is an Act aimed at protecting the rights of transgender persons and their welfare and matters connected to such rights and welfare.
Key Highlights:
- No person or establishment is allowed to discriminate against a transgender on the following grounds (as per Section 3)-
- Denial, discontinuation, and unfair treatment in educational establishments, services, employment, occupation, healthcare services;
- Denial, discontinuation or unfair treatment with regard to access to or provision or enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public;
- Denial, discontinuation or unfair treatment with regard to the right of movement, the right to reside, purchase, rent, or otherwise occupy any property;
- Denial, discontinuation or unfair treatment in the opportunity to stand for or hold public or private office;
- Denial of access, removal from or unfair treatment in Government or private establishment in whose care or custody a transgender person may be.
- As per Section 4 (1) and (2) of the Act, a person recognised as transgender shall have a right to self-perceived gender identity.
- Penalties for violation of provisions of this Act is provided under Section 18. As per Section 18 (a), whoever compels or entices a transgender person to indulge in the act of forced or bonded labour, shall be punishable with a minimum term of six months imprisonment and a maximum of two years, with fine.
Source: Ministry of Law and Justice
